People v. Kaplan

The defendants are charged with the crime of conspiracy based upon that part of subdivision 5 of section 580 of the Penal Law which makes it a misdemeanor for two or more *92persons to conspire “ to prevent another from exercising a lawful trade or calling, * * Defendants demur to the indictment upon five grounds, but only those designated (b), (c) and (d) need be considered. These grounds are as follows: (b) That more than one crime is charged in the indictment within the meaning of sections 278 and 279 of the Code of Criminal Procedure; (c) that the facts stated do not constitute a crime; and…